Many people join gyms because they want a sense of community with other people who are trying to get in shape. Working out with other people, whether it is a buddy spotting you while you lift free weights or a gym-employed fitness training coach helping you out with proper body positions, can help you prevent workout injuries. It is not possible to reduce the risk of a gym accident to zero, and that is why gyms make new members sign a gym liability waiver before they start working out there. When you sign the gym liability waiver, you are not excusing the gym of its responsibility to provide a safe environment for working out. In a gym lawsuit, the issue is whether the gym was fulfilling its end of the bargain.
Can You Sue a Gym for Injury?
Yes, you can. The short answer is that most workout injuries are not grounds for a gym lawsuit. What if your gym accident took place under circumstances other than those referred to in the gym liability waiver that you signed when you joined the gym? The waivers are designed to prevent frivolous lawsuits. Gyms do not want people to sue because of accidents that could not be prevented or because gym members took their workouts to dangerous levels, for example, by lifting heavier weights than they can handle, leading to injuries. Despite signing a waiver, it is possible to still sue a gym. A plaintiff may be awarded damages in a lawsuit if the gym administration was clearly negligent in its duty to make the gym a safe place to work out, and the gym’s negligence was the cause of the plaintiff’s injury. This includes negligence by the owner or operator of the gym, or by the gym’s employees.
Examples of Gym Negligence Cases
Gym negligence cases are a type of premises liability lawsuit. In a premises liability lawsuit, the plaintiff must prove that the place of business where he or she was injured did not take reasonable measures to ensure that people would not be injured while using the premises for its intended purpose and in the intended manner. The following are examples in which a court might rule in favor of a plaintiff who sues a gym for an injury that took place there:
- The plaintiff was injured while using a piece of faulty equipment in a way that would not have caused injury if the equipment had been properly maintained.
- The gym management knew that the equipment was not working and did not post a sign warning patrons not to use it.
- The plaintiff was injured when another patron of the gym assaulted him. The plaintiff had previously complained to the gym management about threats from the patron who caused the injury.
- The plaintiff was injured when the gym failed to adequately train and instruct its employees in the safe operation of exercise machines or was negligent in hiring and training the gym’s employees.
- The plaintiff was injured when the gym’s employees failed to properly instruct the plaintiff on how to properly use the exercise equipment.
How can I Sue My Gym for Injury?
If you have been injured at the gym, and the injury was preventable, you may be able to recover compensation for your injuries. Consult a personal injury attorney as soon as possible after the accident. Bring as much documentation as possible, including pictures, your medical records related to the injury and the gym liability waiver you signed. You may have a strong case against the gym.
